By Sri. MOHANDASAN.K, PRESIDENT
Complaint U/s 35 of Consumer Protection Act. 2019.
The complaint in short is as follows:-
1. The complainant purchased a laptop as per invoice dated 23/07/2020 from third opposite party for an amount of Rs. 89,900/-. The product was defective and the same was duly brought to the notice of the opposite party and the opposite party had agreed to refund the cost of the product through Ext. A1 letter dated 26/02/2021. But the opposite party did not refund the amount to the complainant. The complainant submitted that the opposite party informed the complainant that the amount already been paid to the account of the complainant. The complainant submitted that the version of the opposite party is in correct and that he never received the cost as stated by the opposite party. The complainant produced Ext. A3, the statement of account for the period 01/02/2021 to 30/04/2021 maintained with ICICI Bank in favour of the complainant. Hence the complainant filed this complaint against first opposite party seeking refund of the cost of the product Rs.89,900/- along with compensation of Rs. 25,000/- and appropriate cost of the proceedings.
2. Subsequently the complainant impleaded the second and third opposite parties as per IA 613/2022. The application was allowed and accordingly the complaint was amended.
3. On admission of the complaint notice was issued to the opposite parties and on receipt of notice to the first and third opposite parties entered appearance and filed vakkalath, but no version is seen filed. The second opposite party also represented before the Commission but nobody had filed vakkalath or version from the side of second opposite party. Hence opposite parties set exparte.
4. The complainant filed affidavit and documents. The documents on the side of complainant marked as Ext. A1 to A5. Ext. A1 is copy of Email dated 26/02/2021 from HP Customer Support Ridhima Sharma, CSS Head Team. Ext.A2 series are the copies of Service call report dated 13/01/2021, 18/01/2021, and 02/01/2021. Ext.A3 is copy of statement of account regarding account number 116705000519 of ICICI Bank maintained in the name of complainant. Ext.A4 is copy of invoice dated 23/07/2020 issued by Abacuss, IT solution, Edappal. Ext.A5 is copy of lawyer notice issued on behalf of the complaint by Sayaree Ganguly, Advocate to the opposite parties.
5. Heard complainant, perused affidavit and documents. There is no contra evidence against the affidavit and documents of the complainant. The case of the complainant stands proved through the affidavit and documents. There is no contra evidence against the case of complainant. The documents produced by complainant i.e Ext. A1 to A5 established the case of the complainant. Hence we find that the complaint is entitled to get relief as prayed.
6. In the light of above facts and circumstances we allow this complaint as follows: -
- The opposite parties are directed to refund the cost of the product Rs. 89,900/- (Rupees Eighty nine thousand nine hundred only) with interest at the rate of 12% per annum from the date of filing of this complaint to till date of payment.
- The opposite parties are directed to pay Rs. 25,000/- (Rupees Twenty five thousand only) as compensation on account of deficiency in service and thereby caused in convenience and hardship to the complaint.
- The opposite parties are directed to pay Rs. 5000/-(Rupees Five thousand only) as cost of the proceedings.
The opposite parties shall comply this order within one month from the date of receipt of copy of this order, failing which the complainant is entitled 12% interest per annum for the above said entire amount from the date of filing this complaint to till date of payment.
Dated this 29th day of February, 2024.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext. A1 to A5
Ext. A1: Copy of Email dated 26/02/2021 from HP Customer Support Ridhima
Sharma, CSS Head Team.
Ext.A2: Series are the copies of Service call report dated 13/01/2021, 18/01/2021,
02/01/2021.
Ext.A3: Copy of statement of account regarding account number 116705000519 of
ICICI Bank maintained in the name of complainant.
Ext.A4: Copy of invoice dated 23/07/2020 issued by Abacuss, IT solution, Edappal. Ext.A5: Copy of lawyer notice issued on behalf of the complaint by Sayaree Ganguly,
Advocate to the opposite parties.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
